Altenheim German Home v. Turnock, Nos. 89-1840

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtBefore POSNER and EASTERBROOK, Circuit Judges, and FAIRCHILD; POSNER
Citation902 F.2d 582
PartiesALTENHEIM GERMAN HOME, an Illinois not-for-profit corporation, Plaintiff-Appellee, v. Bernard J. TURNOCK, as Director of the Illinois Department of Public Health, and John R. Lumpkin, as Associate Director, Defendants-Appellants.
Decision Date15 May 1990
Docket NumberNos. 89-1840,89-2505

Page 582

902 F.2d 582
ALTENHEIM GERMAN HOME, an Illinois not-for-profit
corporation, Plaintiff-Appellee,
v.
Bernard J. TURNOCK, as Director of the Illinois Department
of Public Health, and John R. Lumpkin, as
Associate Director, Defendants-Appellants.
Nos. 89-1840, 89-2505.
United States Court of Appeals,
Seventh Circuit.
Argued Feb. 12, 1990.
Decided May 15, 1990.

Page 583

Nicholas J. Lynn, Robert K. Neiman, Holleb & Coff, Chicago, Ill., for Altenheim German Home.

Valerie J. Peiler, Deputy Atty. Gen., Neil F. Hartigan, Atty. Gen., Jill Deutsch, Asst. Atty. Gen., Sean Mulroney, Deputy Atty. Gen., Chicago, Ill., for Bernard J. Turnock.

Before POSNER and EASTERBROOK, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

POSNER, Circuit Judge.

The district judge permanently enjoined the Illinois Department of Public Health from depriving the Altenheim German Home, a nursing home, of its unconditional license, on the ground that the Department had denied "The Altenheim" (as it is called) the hearing to which it was entitled by the due process clause of the Fourteenth Amendment. We could reverse with a citation to Somerset House, Inc. v. Turnock, 900 F.2d 1012 (7th Cir.1990), a nearly identical case in which another panel of this court reversed the grant of a preliminary injunction, but since the facts and some of the arguments made by the parties are different we shall soldier on--briefly.

On November 28, 1988, after several incidents in which demented residents of the home had wandered off--and this after the Department, pursuant to the Nursing Home Care Reform Act of 1979, Ill.Rev.Stat. ch. 111 1/2, pp 4151-101 et seq., had ordered the Altenheim to equip all the exterior doors of the facility with alarms--the Department sent one of its employees, a registered nurse, to conduct a survey of the alarm situation. The Altenheim had installed an alarm system, yet the nurse found an outside door that was neither alarmed nor monitored, and she was able to go in and out of it three times in a fifteen-minute period without being noticed by anyone on the Altenheim's staff. On the basis of this incident the Department issued a conditional license to the Altenheim (that is, yanked its unconditional license) and also a notice of repeat violation. Ill.Rev.Stat. ch. 111 1/2, pp 4153-304(a)(5), -305(5). The substitution of the conditional for an unconditional license means that if the Altenheim violates any of the remedial measures prescribed by the Department the license will be revoked and the Altenheim will be out of the nursing home business. p 4153-316. It is as if the Altenheim were a convicted criminal on probation, or a criminal defendant released on his own recognizance pending trial. These analogies are reinforced by the fact that the conditional license lasts for at most a year and if at the end of that time the nursing home has corrected the infractions, its unconditional license is restored. Id. The notice of repeat violation is circulated to doctors and reduces the likelihood that they will refer patients to the violator.

The Department concedes that these measures, which go beyond the mere disparagement found in cases like Goulding v. Feinglass, 811 F.2d 1099, 1103 (7th Cir.1987), work a sufficient impairment of the...

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9 practice notes
  • Part II
    • United States
    • Federal Register August 14, 2008
    • August 14, 2008
    ...Georgia v. Bd. Of Governors of the Fed. Reserve System, 516, F.2d 1206, 1120 (D.C. Cir. 1975). See also Altenheim German Home v. Turnock, 902 F.2d 582, 585 (7th Cir. 1990) (there is no right to an evidentiary hearing unless there is a genuine issue of material fact); Consolidated Oil & ......
  • Easter House v. Felder, No. 86-2164
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 14, 1990
    ...qualifying the licenses of nursing homes. Somerset House, Inc. v. Turnock, 900 F.2d 1012 (7th Cir.1990); Altenheim German Home v. Turnock, 902 F.2d 582 (7th Cir.1990). Strong interest in protecting children, who cannot protect themselves, is more than enough to justify abrupt handling of ad......
  • Women's Medical Professional Corp. v. Baird, No. 03-4249.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • February 17, 2006
    ...and Sewer Auth. v. EPA, 35 F.3d 600, 606 (1st Cir.1994); Moreau v. FERC, 982 F.2d 556 (D.C.Cir.1993); Altenheim German Home v. Turnock, 902 F.2d 582, 585 (7th Cir.1990). Where the law constrains a government decision and where the parties agree that a legal requirement has not been met, an ......
  • Compliance procedures: Administrative fines; reporting requirements violations; civil money penalties; transmittal to Congress,
    • United States
    • Federal Register May 19, 2000
    • May 19, 2000
    ...Riley, 84 F.3d 125, 130 (3rd Cir. 1996) (citing Moreau v. F.E.R.C., 982 F.2d 556, 568 (D.C. Cir.1993); Altenheim German Home v. Turnock, 902 F.2d 582, 584 (7th Cir. 1990); California v. Bennett, 843 F.2d, 333, 340 (9th Cir. 1988); Bell Telephone Co. of Pennsylvania v. FCC, 503 F.2d 1250, 12......
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7 cases
  • Easter House v. Felder, No. 86-2164
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 14, 1990
    ...qualifying the licenses of nursing homes. Somerset House, Inc. v. Turnock, 900 F.2d 1012 (7th Cir.1990); Altenheim German Home v. Turnock, 902 F.2d 582 (7th Cir.1990). Strong interest in protecting children, who cannot protect themselves, is more than enough to justify abrupt handling of ad......
  • Women's Medical Professional Corp. v. Baird, No. 03-4249.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • February 17, 2006
    ...and Sewer Auth. v. EPA, 35 F.3d 600, 606 (1st Cir.1994); Moreau v. FERC, 982 F.2d 556 (D.C.Cir.1993); Altenheim German Home v. Turnock, 902 F.2d 582, 585 (7th Cir.1990). Where the law constrains a government decision and where the parties agree that a legal requirement has not been met, an ......
  • Chicago Observer, Inc. v. City of Chicago, No. 90-3552
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 25, 1991
    ...there is no point to a hearing. Codd v. Velger, 429 U.S. 624, 97 S.Ct. 882, 51 L.Ed.2d 92 (1977); Altenheim German Home v. Turnock, 902 F.2d 582 (7th Cir.1990). Although there could be factual questions (Is the box within 20 feet of the business it plugs? Does the publication own the busine......
  • State of Pa. v. Riley, No. 95-3308
    • United States
    • U.S. Court of Appeals — Third Circuit
    • May 15, 1996
    ...there are no disputed material issues of fact, Moreau v. F.E.R.C., 982 F.2d 556, 568 (D.C.Cir.1993); Altenheim German Home v. Turnock, 902 F.2d 582, 584 (7th Cir.1990); California v. Bennett, 843 F.2d at 340; Bell Telephone Co. of Pennsylvania v. FCC, 503 F.2d at 1267-68; or when the disput......
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